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#1
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unsureWhat is the name of your state?What is the name of your state? Illinois I have filed bankrupcty already and it has been discharge. It was discarge in August. I have a car and I signed reaffrimation agreement. After my bankrupcty was discharged i to went purchased a new car. What i owed on the car was more than what the car was worth. salesmans look up may bankruptcy and my reafrimation agreement and said that i could get out of it by writing a later stating that i change my mind and where they can pick the car up from. the salesman said that i would not be able to purchased a new car because it would make my loan and monthly payment to high is this true would anything happen to me if i did this Last edited by really unsure; 09-10-2004 at 12:26 PM. Reason: forgot to add something |
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#2
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| If you signed a reaffirmation agreement that was approved, then they can come after you for the balance after they sell it at auction. The reaffirmation agreement is confirming to the creditor and the court that you agree to be liable for that debt and not want it discharged in the bankruptcy proceedings. |
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#3
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unsureI am from illinios I dont think that it was approved yet. because the sales said that I had 2 months to change my mind even though the bankrucpty was discharged |
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#4
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| I do believe that a reaffirmation must be approved BEFORE the discharge is granted. You DO have a right to cancel the reaffirmation; Quote:
HOWEVER - and this is a big one - IL does NOT allow you to keep secured property without reaffirming or redeeming the property. So, in your case, you HAD to reaffirm if you wanted the car (and couldn't pay to redeem it) - otherwise the lender gets it back. So, you might be able to cancel the reaffirmation, but you'll be walking after that. I suggest you talk to your bankruptcy attorney before you make another move.
__________________ "Knowledge is Power - use it as you see fit ! I am not a lawyer or a member of the legal profession. My advice is based on research and experience, my own and others, some who practice law. You decide for yourself what actions you do or do not take from my advice. |
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